We, together with our partner SpotHopper, are offering a mobile messaging program (the “Program”), which you agree to use and participate in subject to these Mobile Messaging Terms and Conditions (“Program Terms”). By opting in to or participating in the Program, you accept and agree to these Program Terms, including, without limitation, your agreement to resolve any disputes with us and/or SpotHopper through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are limited to the Program and are not intended to modify other agreements or terms and conditions that may govern the relationship between you and Us, or you and SpotHopper in other contexts.

User Agreement to Receive Text Messages

You agree to receive SMS mobile messages from Us and SpotHopper at the phone number you provided when you opted in to receive promotional notifications, and any additional or updated phone number you provide. Regardless of how you joined the Program, you agree that these Program Terms apply to your participation in the Program.

You agree to receive autodialed, prerecorded, or predetermined mobile messages at the phone number you provided, and you understand that your consent to receive these messages is not required to make any purchase. These messages will include information on how to manage your subscription and may include special offers and other promotional content. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of the mobile messages you receive from Us or SpotHopper are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out

If you do not wish to continue participating in the Program or no longer agree to these Program Terms, you agree to reply STOP to any mobile message from Us or SpotHopper in order to opt out of the Program. You may continue to receive SMS messages while we process your request, and you may receive a mobile message confirming your decision to opt out.

Duty to Notify and Indemnify

If at any time you intend to stop using the mobile telephone number that you provided to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions.

You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, SpotHopper, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.

Program Specifications

Age Restriction

You may not use or engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so.

By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction.

Prohibited Content

You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:

• Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
• Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
• Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
• Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
• Any content that implicates and/or references personal health information protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITECH” Act);
• Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.

Dispute Resolution

In the event that there is a dispute, claim, or controversy between you and Us, or between you and SpotHopper or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to the Program, federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined through binding arbitration or, if applicable, in small claims court.

Any arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules or, if applicable, the Consumer Arbitration Rules then in effect. Except as otherwise provided herein, this arbitration agreement is governed by the Federal Arbitration Act (“FAA”) and the arbitrator shall apply the substantive laws of Wisconsin, without regard to its conflict of laws rules.

The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial.

Miscellaneous

You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect. We reserve the right to change this Agreement from time to time with communication updates dispatched directly to your platform access.